This phrase can be understood by simple observation, whenever Parliament passes a bill and it gets the assent and is brought into force as an “act†it is a function of the central legislature. The term points to Union executive and legislature. Within the territory of India or under the control of Government of India. The Government and Legislature of each of States In this part unless the context otherwise requires, “the State†includesġ.  Article 12 defines state in the following manner: However, in order to delve deeper into the concept it is firstly imperative to explore the definition of “stateâ€. With great powers comes a greater risk of abuse and in order to safeguard rights and freedom of individuals so that men in power do not trample upon them. Fundamental rights protection is available against the state only as ordinary laws are sufficient enough to protect infringement of rights by individuals. The law dictionary defines “state†as :-Ī body politic, or society of men united together for the purpose of promoting their mutual safety and advantage, by the joint efforts of their combined strength. Individuals need constitutional protection from the acts of the state itself.  The Concept of State and Article 12 of the Constitution of India
So, lets delve deeper into the shield which protects us from abuse of powers by the state itself. This is the rationale which led to Montesquieu developing the theory of separation of powers and the same is imbibed in our constitution by virtue of Article 50. Moreover, in case of a infringement of human rights of an individual by the abuse of state power, he will have no option but to suffer because there’s just no hope for relief in a tyranny.
Rule of one man only leads to eventual resentment amongst the citizenry as maker, executor and interpreter of law is the same man. The purpose behind having our fundamental rights, rests in the need for having a just society i.e a nation ruled by law and not by a tyrant. It reflects the awakening of the people in face of oppressive systems like monarchy and tells us that individuals when fortified with rights and freedoms can bring about a great change. This chapter has been very well described as the Magna carta of India, for magna carta was not merely a document signed by King John but a symbol of assertion of individual rights. Part III of our constitution consists of a long list of fundamental rights, it starts right from article 12 to article 35.